Nevada Ballot Counting Regulation Challenge I (ACLU)
American Civil Liberties Union of Nevada v. Nye County
Lawsuit filed by the American Civil Liberties Union of Nevada and a voter against Nye County, Nevada challenging the “Nye County-2022 General Election Process.” On Sept. 6, the Nye County clerk’s office announced that the county will “conduct a parallel electronic tabulation of the voted paper ballots along with a hand count of those ballots.” On Sept. 20, Nye County election officials issued guidance including the limitation of ADA touch screens to “those with special needs” and strict signature matching requirements “including requiring the voter to show an ID if their signature does not match.” The plaintiffs argue that Nye County’s proposed hand counting process violates both state and federal law. The plaintiffs allege that the new process — which would allow “for the verbal announcement of a selected candidate for each race of each ballot prior to the close of polls on election day, in the presence of the public” — violates Nevada law, as it will result in the early release of partial election results. Additionally, the plaintiffs allege that the “limitation of ADA touch screens to individuals with ‘special needs’” violates the Help America Vote Act (HAVA) and the Nevada Constitution because “it impermissibly permits election workers to enquire about a voter’s disability or turn away otherwise eligible voters based on arbitrary decision making.” Lastly, the plaintiffs challenge the county’s use of strict signature matching rules that authorize election officials to require a “Nevada identification card if the signature fails” for violating Nevada law. The plaintiffs seek a writ of mandamus (a court order compelling a party to take a certain action) to prevent the enactment of the proposed procedures including “the verbal announcement of a selected candidate for each race of each ballot prior to the close of polls on election day,” the limitation of ADA touch screens and “stringent signature verification.” On Oct. 12, a state court denied the plaintiffs’ requested relief.